The general rule permits qualifying specialized-knowledge foreign employment, but new-office L-1A has a narrower foreign-capacity requirement.
Classify the office before deciding the history
For an established-office case, assess the genuine qualifying foreign capacity and the distinct US managerial or executive position. Do not backdate a management promotion; for new-office L-1A, the required foreign employment must have been managerial or executive.
First classify the U.S. operation, then map the employee’s foreign duties and proposed work on separate timelines. Every L-1 case needs one continuous year of qualifying employment abroad within the prior three years, a qualifying parent, branch, subsidiary or affiliate, and continuing foreign business plus either active U.S. business or, for a new office, the ability to commence it. At an established office, the foreign year may have been managerial, executive or specialized knowledge even when the U.S. role is L-1A; a new-office L-1A beneficiary must have held managerial or executive capacity abroad. The American position must primarily manage or direct instead of delivering routine services, and L-1A stay is capped at seven years.
Hypothetical example: A food-testing equipment company near Sainte-Catherine-de-Hatley employed a calibration specialist for sixteen uninterrupted months before promoting her to lead a supported U.S. quality function. Payroll and project records establish the foreign year, while ownership records connect the companies. If the U.S. affiliate has conducted regular business beyond a year, her earlier specialized-knowledge capacity may qualify; if it is a new office, that history does not meet the narrower rule. The company should decide office status from actual operations, not incorporation, and show who will handle calibrations after she transfers.